Section 62 IEA: Primary evidence

Indian Evidence Act, 1872

Section 62 IEA at a Glance

Section 62 IEA deals with primary evidence. From 1 July 2024 it is replaced by Section 57 BSA.

Now BSA

Section 62 IEA Bare Act Text

62. Primary evidence
Primary evidence means the document itself produced for the inspection of the Court.
Explanation 1.—Where a document is executed in several parts, each part is primary evidence of the document.
Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it.
Explanation 2.—Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original.
Illustration
A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.

Source: Section 62, Indian Evidence Act, 1872

Section 62 IEA in Simple Words

Section 62 of the Indian Evidence Act, 1872 defined primary evidence for proving a document in court. Primary evidence meant the document itself when brought before the court for inspection.

When a document had several executed parts, every single part counted as primary evidence of that document. A document could also be executed in counterpart, with each copy signed by only one or some parties. Each counterpart was primary evidence against the parties who signed that copy.

The Act also covered documents made together by one uniform process, such as printing, lithography, or photography. Each such document was primary evidence of what the others contained, like placards printed together. However, if they were copies made from a common original, none was primary evidence of that original.

When Section 62 IEA Applies

Applies when the original document itself is brought before the court for inspection.
Treats each part as primary evidence when a document has several executed parts.
Treats a counterpart as primary evidence against the parties who signed that counterpart.
Treats each document made by one uniform process as primary evidence of what the remaining documents contain.

Example of Section 62 IEA

In 2021, Anita and Farhan enter into a shop lease in Mumbai by executing counterparts. Anita signs only the counterpart handed over to the other party. When a dispute over the shop lease reaches court, Farhan produces that signed counterpart for inspection. Under Section 62 IEA, the counterpart is primary evidence of the shop lease against Anita.

When Section 62 IEA Does Not Apply

Documents made by one uniform process as copies from a common original are not primary evidence of what that original contains.
A counterpart signed by only one or some parties counts as primary evidence only against the parties who signed that copy.

Section 62 IEA in the BSA

Section 62 IEA is now covered under Section 57 BSA.

Section 62 of the Indian Evidence Act, 1872 became Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Explanations 4 to 7 are new and cover electronic and digital records: multiple files, records from proper custody, video recordings stored and transmitted at once, and automated storage including temporary files. A record from proper custody is primary evidence "unless it is disputed".

View detailed comparison (IEA 62 vs BSA 57) →

FAQs on Section 62 IEA

What is Section 62 IEA?▼

Section 62 of the Indian Evidence Act, 1872 defines primary evidence of a document. It states that primary evidence is the document itself when brought for inspection by the court, and explains how parts, counterparts, and documents made by one uniform process are treated.

Are documents printed together from one original primary evidence of that original under Section 62 IEA?▼

No. Under Section 62 IEA, each document made by one uniform process is primary evidence of what the others contain, but not of what the common original contains.

Is a counterpart primary evidence against every party to a transaction under Section 62 IEA?▼

No. Under Section 62 IEA, a counterpart signed by only one or some parties is primary evidence only against the parties who signed that counterpart.

What is Section 62 IEA in BSA?▼

Section 57 BSA. Section 62 IEA became Section 57 BSA on 1 July 2024, with added explanations covering electronic and digital records such as multiple files, records from proper custody unless disputed, simultaneous video recordings, and automated storage including temporary files.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ·